- 1 - HC-KAR NC: 2025:KHC:51400 WP No. 25006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 25006 OF 2025 (GM-CPC) BETWEEN: RUDRESH K S, S/O. SHARANAPPA K B, AGED ABOUT 33 YEARS, NO.8, MANJUNATHA NILAYA, VEERAGALLI ROAD, VIDYA NAGAR, T.DASARAHALLI, BENGALURU-560057. …PETITIONER (BY SRI M.CHAMARAJ, ADVOCATE) AND: 1. DR. VEERESH S CHARANTIMATH, S/O. S. CHARANTIMATH, AGED ABOUT 40 YEARS, NO. 24, 5TH CROSS, 3RD STAGE, 4TH BLOCK, SHAKTHI GANAPATI NAGAR, BASAVESHWARANAGAR, BENGALURU-560079, ALSO AT, SRI PARIPOORNA SANATHANA AYURVEDA MEDICAL COLLEGE AND RESEARCH CENTRE, NO.91, ARJUNABETTAHALLI, KASABA HOBLI, RAILWAY GOLLAHALLI POST, NELAMANGALA TALUK, BENGALURU-562123. 2. VARSHA V CHARANTIMATH, W/O. DR. VEERESH S CHANRANTIMATH, AGED ABOUT 35 YEARS, NO. 24, 5TH CROSS, 3RD STAGE, 4TH BLOCK, SHAKTHI GANAPATI NAGAR, BASAVESHWARANAGAR, BENGALURU-560079 ALSO AT Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC:51400 WP No. 25006 of 2025 SRI SHARADAMBA CLINIC NO.19, 1ST MAIN ROAD, 4TH CROSS, J.C.NAGAR, MAHALAXMIPURAM, BENGALURU-560086. …RESPONDENTS (BY SRI OMKARESHA.,ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 18.06.2025 ON IA NO.3 IN OS NO. 1649/2022 ON THE FILE OF XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNX-E AND DISMISS THE APPLICATION IA NO.3 VIDE ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order dated 18.06.2025 on I.A.3 under Order VIII Rule 1(a) and 3 of Code of Civil Procedure to produce the documents enclosed with the list. The relevant portion of the order reads as under:- "Defendant is absent. PW.1 is present. Heard advocate for defendant on IA No.3. Advocate for plaintiff is absent. - 3 - HC-KAR NC: 2025:KHC:51400 WP No. 25006 of 2025 I.A. No.3 is filed by defendant under Order VIII Rule 1(a) and 3 of the CPC to produce the documents as per list. To meet the ends of justice, said application is allowed, documents are received subject to proof and relevancy. For further cross advocate for defendant prays time, time is granted. Call on 15-07-2025." 2. From the order it is explicitly clear that the documents are not yet admitted in the evidence. Only production is allowed. The Court has also observed that the documents are received subject to proof and relevancy. The burden of proof of the documents sought to be produced by the defendants is on the defendants. 3. Under these circumstances, this Court does not find any error in the said order. 4. Merely because this Court has dismissed the Writ Petition, it does not mean that the Court has upheld the question relating to proof and relevancy of the document. It is for the Trial Court to decide that the documents are relevant and proved. - 4 - HC-KAR NC: 2025:KHC:51400 WP No. 25006 of 2025 5. Accordingly, the Writ Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 54